DEPARTMENT OF EDUCATION

Office of the Secretary

PROPOSED

PUBLIC NOTICE

Educational Impact Analysis Pursuant to 14 Del. C. §122(d)

275 Charter Schools

A. TYPE OF REGULATORY ACTION REQUESTED

Amendment to Existing Regulation

B. SYNOPSIS OF SUBJECT MATTER OF REGULATION

Pursuant to of 14 Del.C. §122 and Chapter 5, the Secretary of Education seeks the consent of the State Board of Education to amend 14 DE Admin. Code 275 Charter Schools. This regulation was proposed January 1, 2023 in order to: (1) remove reference to "Delaware Comprehensive Assessment System," (2) to include additional clarifying language regarding debts of a charter school, (3) update the definition of "Charter School" to align with 14 DE Admin. Code 255 Definitions of Types of Schools, and (4) to make grammatical corrections to comply with the Delaware Administrative Code Manual. Two comments were received asking for further clarification to Section 8.0 and to not remove "non-home based" in the definition of "Charter School," as there is concern that the definition would allow charter schools to operate as full-time virtual schools which could negatively impact students' academic and mental health. The Department considered these comments and at this time is amending the regulation to make the four changes noted above and to update Section 8.0 to reflect current case law regarding Individuals with Disabilities Education Act debts. Also, for further clarification, the Department has specified the statute (14 Del.C. Ch. 5) in the definition of "Department's Annual Charter Report," and removed the definition of "Highly Successful Charter School Operator" as it is not used in the regulation. The Department wishes to allow charter schools the flexibility to have virtual programming and does not believe the proposed changes allow for fully virtual charter schools.

Persons wishing to present their views regarding this matter may do so in writing by submitting them to the Department of Education, Office of the Secretary, Attn: Regulation Review, 401 Federal Street, Suite 2, Dover, Delaware 19901 or through the Department's online submission form at https://education.delaware.gov/community/delaware-education-laws-and-regulations/provide-public-comment/ by the close of business (4:30 p.m. EST) on or before June 2, 2023. Any person who wishes to receive a copy of the proposed regulation may obtain a copy from the Department at the Office of the Secretary on the second floor of the Townsend Building, 401 Federal Street, Dover, Delaware.

C. IMPACT CRITERIA

1. Will the amended regulation help improve student achievement as measured against state achievement standards? The amended regulation does not specifically address the improvement of student achievement as measured against state achievement standards.

2. Will the amended regulation help ensure that all students receive an equitable education? The amended regulation will help ensure all students receive an equitable education.

3. Will the amended regulation help to ensure that all students' health and safety are adequately protected? The amended regulation will help ensure all students' health and safety are adequately protected.

4. Will the amended regulation help to ensure that all students' legal rights are respected? The amended regulation continues to help ensure that all students' legal rights are respected.

5. Will the amended regulation preserve the necessary authority and flexibility of decision making at the local board and school level? The amended regulation does not change the decision making at the local board and school level.

6. Will the amended regulation place unnecessary reporting or administrative requirements or mandates upon decision makers at the local board and school levels? The amended regulation does not place any unnecessary reporting or administrative requirements or mandates on decision makers.

7. Will the decision making authority and accountability for addressing the subject to be regulated be placed in the same entity? The amended regulation does not change the decision making authority and accountability for addressing the subject to be regulated.

8. Will the amended regulation be consistent with and not an impediment to the implementation of other state educational policies, in particular to state educational policies addressing achievement in the core academic subjects of mathematics, science, language arts and social studies? The amended regulation is consistent with and not an impediment to the implementation of other state educational policies.

9. Is there a less burdensome method for addressing the purpose of the regulation? There is no less burdensome method for addressing the purpose of the amended regulation.

10. What is the cost to the State and to the local school boards of compliance with the regulation? There are no material costs to implementing this amended regulation.

275 Charter Schools

1.1 The purpose of these regulations this regulation is to provide rules to govern the implementation of 14 Del.C. Ch. 5 (hereafter, the “Charter School Law”) develop and maintain 14 Del.C. Ch. 5, hereafter referred to as the "Charter School Law." Specifically, the regulation addresses the development and maintenance of chartering policies and practices consistent with nationally recognized principles and standards for quality charter authorizing in all major areas of authorizing, including:

1.1.1 Agency commitment and capacity;

1.1.2 Application process and decision-making;

1.1.3 Performance-based accountability;

1.1.4 Ongoing oversight and evaluation; and

1.1.5 Renewal and revocation decision-making.

1.2 These regulations establish This regulation establishes the requirements for applying for a charter to operate a public school, renewal of the charter, modification of the charter, oversight of the charter’s performance, and for opening, operating, and closing the school, when a charter is granted by the Department of Education with the approval of the State Board of Education.

1.3 These regulations affect This regulation affects students who attend Charter Schools charter schools, the parents and other caregivers of these students, the directors, staff administrators and boards of the Charter Schools charter schools, and the community, students, staff, administrators and boards of the reorganized school districts of the State.

1.4 These regulations This regulation shall bind all Charter Schools charter schools and are incorporated into all charters approved by, or transferred to the Department with the consent of the State Board.

2.1 The following definitions apply for purposes of interpreting the Charter School Law and these regulations: The following words and terms, when used in this regulation, shall have the following meaning:

“Accountability Committee” means any Charter School Accountability Committee established by the Department to review and report to the Department as provided in Sections 511 and 515 of the Charter School Law.

“Annual Report report” means a report submitted by the charter school to the approving authority, DDOE the Department, and State Board of Education and posted publicly on the school’s website. The report shall contain the information and follow the prescribed format required by statute.

“Applicant” means a legal entity organized under the Delaware General Corporation Law that has applied to the Department for, but not yet received, a charter to operate a charter school, or the Renewal renewal or modification of such a charter, as the context indicates.

“Audit” means an informal financial, programmatic, or compliance audit of a charter school.

“Charter Contract contract” means an agreement between the Authorizer authorizer and the Charter School charter school. A school enters into a Charter Contract charter contract with the authorizer that clearly defines the respective roles, powers, and responsibilities for the school and approving authority and incorporates the provisions of the Performance Agreement.

“Charter Holder holder” means the legal entity organized under the Delaware General Corporation Law to which a charter is issued by the Department with the approval of the State Board.

“Charter School school” means a non-home based full time public school that is operated in an approved physical plant under a charter granted by, or transferred to to, the Department with the approval of the State Board for the personal physical attendance of all students or other authorizing body pursuant to 14 Del.C. Ch. 5.

"Charter School Performance Fund" means a fund established pursuant to 14 Del.C. §509(m) with eligibility guidelines and criteria to evaluate applications developed by the Department. The Fund shall be subject to appropriation as outlined in Delaware Code.

“Delaware Comprehensive Assessment System (DCAS)” means the statewide assessment used to measure student achievement of the Delaware academic content standards, including an alternate assessment based on alternate achievement standards for students with the most significant cognitive disabilities.

“Department” means the Delaware Department of Education.

“Department’s Annual Charter Report” means a report prepared by the Department of Education for the Governor, General Assembly, and State Board of Education in accordance with statute that analyzes the performance, as measured by the Performance Framework, of all charter schools in the state. It also analyzes expenses as compared with traditional public schools, recommends changes in policy and innovative practices which can be replicated in other public schools 14 Del.C. Ch. 5. The report shall be presented on or before February 1st of each year and is posted on the Department’s public website.

“Financial Audit audit” means the audit required to be conducted pursuant to 14 Del.C. §513(a).

“First Instructional Day instructional day” means the first day a Charter School charter school is open with students in attendance.

“Formal Review review” means the lawful investigation of a Charter School charter school to determine whether the school is violating the terms of its charter. Formal reviews may include, but are not limited to, on site on-site visits, inspection of educational records and other documents, and interviews of parents, Charter School charter school employees and others with knowledge of the school’s operations and educational programs.

“Founding Board of Directors” means the Board of Directors of an Applicant applicant at the time the original application for a charter is filed with the Department.

"High-Need Students" "High-need students" means students that qualify as low economic status pursuant to Department determination, to include Students with Disabilities and English Language Learners students with disabilities and English Learners.

“Highly successful charter school operator” means a charter school with sustained high levels of student achievement and sustained financial stewardship. A highly successful charter school is one which has been in operation for at least three years and which, during the three years prior to filing a charter application in Delaware, has a combined student performance which exceeds the statewide average student performance in the state in which the highly successful charter school is located based upon that state’s performance score or measure on its statewide assessment for purposes of the Elementary and Secondary Education Act of 1965 (ESEA) or any reauthorization thereof. In addition, during the same three year period the school must have had no adverse financial findings and successfully completed any required financial audits in the state in which it is located, and be able to demonstrate that it will be economically viable.

“Impact” means the positive and negative effect that a new charter school or charter school expansion, if it should be approved, is projected to have upon the surrounding area and the education system of the state. Information regarding Impact impact may, by itself or in combination with other factors, form the basis for conditions being placed on the approval of a new charter school or modification. Impact shall include educational, financial, and community information.

“Parent” means the natural or adoptive parent, or the legal guardian, of a student enrolled in the charter school. “Parent” also includes individuals authorized to act as Relative Caregivers under the provisions of 14 Del.C. §202(e)(2).

“Performance Agreement agreement” means the document which describes the academic performance expectations, identifies economic viability requirements, defines organizational responsibilities, and outlines accountability of the Charter School charter school. An approved Performance Agreement is for a specified term and uses a uniform format as prescribed by the Department with the assent of the State Board of Education. The Performance Agreement is enforceable as part of the school’s Charter Contract charter contract.

“Performance Framework framework” means a rubric based tool established by the Department with the assent of the State Board of Education, as amended from time to time, which contains the details, includes multiple measures, and is used by the Department to assess compliance with the Performance Agreement in the areas of academic performance, economic viability, organizational responsibilities and accountability of the Charter School charter school. The completed frameworks will be provided to the Charter School Accountability Committee, Secretary and State Board of Education to inform their decision making.

“Performance Review review” means the process by which the Charter School’s charter school’s compliance with its Performance Agreement is evaluated annually to inform renewal, major modification and formal review decisions. Compliance with the charter and the Performance Agreement, as assessed through the Performance Framework, is the basis for the Performance Review. Analysis and results will be reported in the Department’s Annual Charter Report.

“Renewal” means the approval of an application to continue operating an existing Charter School charter school occurs in accordance with 14 Del.C. §514A.

“Secretary” means the Secretary of the Delaware Department of Education.

“State Assessment System” means the statewide assessment used to measure student achievement of the Delaware academic content standards including an alternate assessment based on alternate achievement standards for students with the most significant cognitive disabilities, and other assessments such as, but not limited to, the National Assessment for Educational Progress (NAEP), a college readiness assessment, an assessment for English Language Learners (ELL) Learners (ELs), a norm-referenced assessment that may be administered or required as determined by the Department of Education.

“State Board” means the Delaware State Board of Education.

3.1 Application Deadlines: Applications to establish new Charter Schools charter schools must be submitted to the Department between November 1st and December 31st for schools preparing to admit students in accordance with 14 Del.C. §511 (g) (1), (2).

3.2 All applications, whether for an original charter, a modification of a charter or the renewal of a charter, shall be made on forms approved by the Department.

3.3 An original and five (5) 5 copies of a completed application must be received by the Department by the application deadline in order for the application to be considered; an electronic copy shall also be submitted at the same time either as an attachment to an e-mail message or by electronic portable storage. The electronic copy shall be identical in all respects to the original application. Incomplete applications, or applications received after the deadline, will not be considered.

3.4 All written communications from the Department or the Accountability Committee to an Applicant applicant shall be sent to the contact person identified in the application, at the address provided in the application. An Applicant applicant is responsible for notifying the Department in writing of any change in the contact person or contact address after its application is submitted.

3.5 An application is not complete unless all of the following requirements are met:

3.5.1 All applicable sections in the application form are appropriately completed.

3.5.2 All documentation required by the application form or subsequently requested by the Department or the Accountability Committee is received by the deadline provided by the Charter School Office.

3.6 Applications will not remain pending from year to year. Applications that do not result in the issuance of a charter must be resubmitted in full in subsequent years to be considered in subsequent years.

3.7 The State Board of Education may designate one or more of its members to sit as nonvoting members of the Accountability Committee.

3.8 In deciding whether to approve or disapprove any application for an original charter, a major modification of a charter, the renewal of a charter, or the formal review of a charter, the Secretary and State Board shall base the decision on the record. The record shall consist of the application and any documents filed therewith in support of the application, the Charter Contract charter contract, the Performance Review (not applicable for new applications), reports of the Accountability Committee, any response or other evidence, oral or otherwise, provided by the Applicant applicant to the Accountability Committee prior to the issuance of its final report, any comments received at any public hearing conducted pursuant to the provisions of the Charter School Law, including comments made at any such hearing by the applicant in response to the Accountability Committee’s final report and any written or electronic comments received during the period of public comment. In the case of the renewal, major modification, or formal review of a charter, the record shall also include performance documentation generated during the term of the charter or related to the subject of the formal review, review including but not limited to, compliance with the school’s Charter Contract charter contract and Performance Agreement, renewal report, audits and performance reviews, student testing data, and parent complaint documentation. No other evidence shall be considered. Written and electronic comments must be received by the Department of Education's Department's Charter School Office during the period of public comment established for the application and published by the Department.

3.9 Applicants and Charter Holders charter holders shall make the financial disclosures relating to ownership and financial interest as required by 14 Del.C. §511(q). A charter school founder or member of a charter school board has a “financial interest” in the charter school if that person receives compensation in excess of $5,000.00 from the charter school in any calendar year. Compensation means money, thing of value, or any other economic benefit of any kind or nature whatsoever conferred on or received by a charter school founder or member of a charter school board. “Ownership” shall have the meaning commonly ascribed to it as appropriate in context.

3.10 Consideration of Impact

3.10.1 The Department and the State Board may use public comments and information from the public record to inform the development of any proposed conditions relating to Impact. When deciding whether to impose conditions, and/or or the nature of conditions to be imposed, the Department and the State Board may consider one or more of the following criteria regarding impact:

3.10.1.1 Educational Impact impact may include but shall not be limited to:

3.10.1.1.1 Projected effects on academic performance, including historical student achievement and growth trends of the applicant and the projected sending schools and districts;

3.10.1.1.2 Programmatic offerings and grade levels, including waiting lists and other information about similar programs in the surrounding area and unique program offerings as detailed in the application; and

3.10.1.1.3 Partnerships with local education agencies (including potential opportunities for district collaboration, innovation, and parent and community involvement).

3.10.1.2 Financial Impact shall include, but shall not be limited to, impact may include projected increases and decreases in costs and in revenue received by local education agencies, including fixed costs, teacher units, and transportation expenses, which are calculated using publicly available and verifiable data and information.

3.10.1.3 Community Impact impact may include, but shall not be limited to, projected social, cultural, demographic, environmental, and economic trends and effects on the surrounding area.

3.10.2 The Department shall publish any proposed conditions relating to Impact impact, including written justification for the conditions, on the Charter School Office web page no later than the first Thursday in March. Any proposed conditions shall be added to the public record and forwarded to the applicants.

3.10.3 The State Board shall review the Department’s proposed conditions relating to Impact impact, and may propose additional conditions or modify conditions proposed by the Department. The State Board shall submit any proposed conditions, including written justification for the conditions, to the Department’s Charter School Office no later than 3 business days before the final meeting of the Accountability Committee. Any proposed conditions shall be added to the public record and forwarded to the applicants.

3.10.4 The final decision of the Secretary, presented for the assent of the State Board may include any of the previously proposed conditions relating to Impact impact, but shall not include any conditions related to Impact impact not proposed in accordance with 14 DE Admin. Code 275.3.10.2 and 275.3.10.3 275, subsections 3.10.2 and 3.10.3.

3.10.5 The State Board, in addition to voting to assent to the decision of the Department, may include any previously proposed conditions related to Impact impact or modify conditions related to Impact impact within the Secretary’s decision, but shall not include any conditions relating to Impact impact not previously proposed in accordance with 14 DE Admin. Code 275.3.10.2 and 275.3.10.3 275, subsections 3.10.2 and 3.10.3 in its motion for assent to approve such application.

4.1 Applicant Qualifications

4.1.1 The Applicant applicant must demonstrate that its board of directors has and will maintain collective experience, or contractual access to such experience, in the following areas:

4.1.1.1 Research based curriculum and instructional strategies, aligned to Delaware content standards, to particularly include the curriculum and instructional strategies of the proposed educational program.

4.1.1.2 Business management, including but not limited to accounting and school finance.

4.1.1.3 Personnel management.

4.1.1.4 Diversity issues, including but not limited to outreach, student recruitment, and instruction.

4.1.1.5 At risk At-risk populations and children with disabilities, including but not limited to students eligible for special education and related services.

4.1.1.6 School operations, including but not limited to facilities management.

4.1.2 The application must identify the certified teachers, the parents and the community members who have been involved in the preparation of the application and the development of the proposed Charter School charter school.

4.1.3 The Applicant’s applicant's bylaws must be submitted with the application and must demonstrate that:

4.1.3.1 At the time at which the school commences its instructional program and all times thereafter, the board of directors of the charter holder must include a Delaware certified teacher employed as a teacher at a charter school operated by the Applicant applicant in Delaware and also include at least one 1 parent of a student enrolled in a charter school operated in Delaware by the charter holder; further provided a single individual shall not represent both the certified teacher and parent role on the board;

4.1.3.2 The Applicant’s applicant's business is restricted to the opening and operation of: Charter Schools, before school programs, after school programs and educationally related programs offered outside the traditional school year.

4.1.3.3 The board of directors will meet regularly and comply with the Freedom of Information Act, 29 Del.C. Ch. 100 in conducting the Charter School’s charter school’s business.

4.2 Performance Requirements

4.2.1 Minimum Requirements

4.2.1.1 The Applicant applicant must agree and certify that it will comply with the requirements of the State Public Education Assessment and Accountability System pursuant to 14 Del.C. §§151, 152, 153, 154, and 157 and the Department’s implementing rules and regulations including without limitation those relating to the State Assessment System.

4.2.1.2 The Applicant applicant must demonstrate that it has established and will apply measurable student performance goals on the applicable assessments administered pursuant to the State Assessment System, and a timetable for accomplishment of those goals, as established in the Performance Agreement.

4.2.1.3 If the Applicant applicant plans to adopt or use performance standards or assessments in addition to the standards set by the Department or the assessments administered pursuant to the State Assessment System, the application and performance agreement must specifically identify those additional standards or assessments and include a planned baseline acceptable level of performance, measurable goals for improving performance and a timetable for accomplishing improvement goals for each additional indicator or assessment. The use of additional performance standards or assessments shall not replace, diminish or otherwise supplant the Charter School’s charter school's obligation to meet the performance standards set by the Department or to use the assessments administered pursuant to the State Assessment System and must be incorporated into the Performance Agreement.

4.2.1.4 Following charter approval, but not later than a date established by the Department, the Applicant applicant must enter into a Charter Contract charter school's with the approving authority and into a Performance Agreement approved by the Department with the assent of the State Board, which shall address the organizational, academic and financial performance expectations of the Applicant applicant during the term of the charter. The Department, with the assent of the Board, shall establish and publish a Performance Framework which shall be used to assess the school’s compliance with its Performance Agreement. Nothing contained herein shall be interpreted to relieve an applicant of its obligation to comply with any approval criteria or requirement set forth in 14 Del.C. Ch. 5. The Department shall conduct an annual Performance Review using the Performance Framework to ensure ongoing compliance with the school’s Performance Agreement.

4.2.1.5 For an Applicant proposing to serve students at risk of academic failure, the school’s Performance Agreement shall specify what, if any, portion of the Performance Framework shall or shall not apply to the school, or whether the Performance Framework shall be modified to more appropriately measure the performance of the school.

4.3 Educational Program

4.3.1 The application must demonstrate that the school’s proposed program, curriculum and instructional strategies are aligned to State content standards, meet all grade appropriate State program requirements, and in the case of any proposed Charter High School charter high school, includes driver education. The educational program shall include the provision of extra instructional time for at risk at-risk students, summer school and other services required to be provided by school districts pursuant to the provisions of 14 Del.C. §153. Nothing in this subsection shall prevent an Applicant applicant from proposing high school graduation requirements in addition to the state graduation requirements.

4.3.2 The application must demonstrate that the Charter School’s charter school's educational program has the potential to improve student performance. The program’s potential may be evidenced by:

4.3.2.1 Academically independent, peer reviewed studies of the program conducted by persons or entities without a financial interest in the educational program or in the proposed Charter School charter school;

4.3.2.2 Prior successful implementation of the program; and

4.3.2.3 The Charter School’s charter school's adherence to professionally accepted models of student development.

4.3.3 The application must demonstrate that the Charter School’s charter school's educational program and procedures will comply with applicable state and federal laws regarding children with disabilities, unlawful discrimination and at risk at-risk populations, including but not limited to the following showings.

4.3.3.1 The charter school’s plan for providing a free appropriate public education to students with disabilities in accordance with the Individuals with Disabilities Education Act, with 14 Del.C. Ch. 31 and with 14 DE Admin. Code 922 through 929, specifically including a plan for having a continuum of educational placements available for children with disabilities.

4.3.3.2 The charter school’s plan for complying with Section 504 of the Rehabilitation Act of 1973 and with the Americans with Disabilities Act of 1990.

4.3.3.3 The charter school’s plan for complying with Titles VI and VII of the Civil Rights Act of 1964.

4.3.3.4 The charter school’s plan for complying with Title IX of the Education Amendments of 1972.

4.4 Economic Viability

4.4.1 The application must demonstrate that the school is economically viable and shall include satisfactory documentation of the sources and amounts of all proposed revenues and expenditures during the school’s first three 3 years of school operation after opening for instructional purposes. There must be a budgetary reserve for contingencies of not less than 2.0% of the total annual amount of proposed revenues. In addition, the application shall document the sources and amounts of all proposed revenues and expenditures during the start up startup period prior to the opening of the school.

4.4.2 The Department may require that the Applicant applicant submit data demonstrating sufficient demand for Charter School enrollment if another Charter School charter school is in the same geographic area as the Applicant’s applicant’s proposed school. Such data may include, but is not limited to, enrollment waiting lists maintained by other Charter Schools charter schools in the same geographic area and demonstrated parent interest in the Applicant’s applicant’s proposed school.

4.4.3 The application shall identify with specificity the proposed source(s) sources of any loan(s) loans to the Applicant applicant including, without limitation, loans necessary to implement the provisions of any major contract as set forth below, and the date by which firm commitments for such loan(s) loans will be obtained.

4.4.4 The application shall contain a timetable with specific dates by which the school will have in place the major contracts necessary for the school to open on schedule. “Major contracts” shall include, without limitation, the school’s contracts for equipment, services (including bus and food services, and related services for special education), leases of real and personal property, the purchase of real property, the construction or renovation of improvements to real property, and insurance. Contracts for bus and food services must be in place no later than August 1st of the year in which the school proposes to open and August 1st of each year thereafter. Contracts for the lease or purchase of real property, or the construction or renovation of improvements to real property must be in place sufficiently far in advance so that the Applicant applicant might obtain any necessary certificate of occupancy for the school premises no later than June 15th of the year in which the school proposes to open.

4.5 Attendance, Discipline, Student Rights and Safety

4.5.1 The application must include a draft “Student Rights and Responsibilities Manual” that meets applicable constitutional standards regarding student rights and conduct, including but not limited to discipline, speech and assembly, procedural due process and applicable Department regulations regarding discipline.

4.5.1.1 The “Student Rights and Responsibilities Manual” must comply with the Gun Free Schools Act of 1994 (20 U.S.C.A. §7151) and Department Regulation 14 DE Admin. Code 605.

4.5.1.2 The application must include a plan to distribute the “Student Rights and Responsibilities Manual” to each Charter School charter school student and parent/guardian parent or guardian at the beginning of each school year. Students who enroll after the beginning of the school year shall be provided with a copy of the “Student Rights and Responsibilities Manual” at the time of enrollment.

4.5.2 The application must include the process and procedures the Charter School charter school will follow to comply with applicable laws, including the following laws:

4.5.2.1 14 Del.C. Ch. 27 and applicable Department regulations regarding school attendance, including a plan to distribute attendance policies to each Charter School charter school student at the beginning of each school year. Students who enroll after the beginning of the school year shall be provided with a copy of the attendance policy at the time of enrollment.

4.5.2.2 11 Del.C. Ch. 85 and 14 Del.C. §511(p) §511(r), and Department regulations regarding criminal background checks for public school related employment.

4.5.2.3 14 Del.C. §4112 and applicable Department regulations regarding the reporting of school crimes.

4.5.2.4 The Family Educational Rights and Privacy Act (FERPA) and implementing federal and Department regulations regarding disclosure of student records.

4.5.2.5 The provision of free and reduced breakfast and lunch to eligible students pursuant to any applicable state or federal statute or regulation.

4.5.2.6 Freedom of Information Act

4.5.3 The requirement that the Applicant applicant provide for the health and safety of students, employees and guests will be judged against the needs of the student body or population served. Except as otherwise required in this regulation, the Applicant applicant must either agree and certify that the services of at least one (1) 1 full time registered nurse (R.N.) will be provided for each facility in which students regularly attend classes, or demonstrate that it has an adequate and comparable plan for providing for the health and safety of its students. Any such plan must include the Charter School’s charter school's policies and procedures for routine student health screenings, for administering medications to students (including any proposed self-administration), for monitoring chronic student medical conditions and for responding to student health emergencies. Any applicant which receives funding equivalent to the funding provided to school districts for one 1 or more school nurses shall provide its students the full time services of a corresponding number of registered nurses.

5.1 When granted, a charter is an authorization for the Charter Holder charter holder to open and operate a Charter School charter school in accordance with the terms of the charter, including the terms of any conditions placed on the charter by the Department with the approval of the State Board.

5.1.1 It is the responsibility of the Charter Holder charter holder to notify the Department in writing of its compliance with any time frames or other terms or conditions contained in or imposed on the charter. The Department requires the Charter Holder charter holder to produce satisfactory evidence, including written documentation, of compliance in their Annual Report annual report.

5.2 Compliance with the charter, including compliance with the terms of any conditions placed on the charter, is a condition precedent to the authority to open and operate the Charter School charter school. Failure to comply with the terms of the charter and any conditions placed on the charter, including deadlines, operates as a forfeiture of the authority to open the Charter School charter school regardless of previous approval. These regulations are incorporated into and made a part of each charter approved by the Department with the consent of the State Board. A Charter School’s charter school’s failure to comply with these regulations shall be treated as a failure on the part of the school to comply with its charter.

6.1 The Department may withhold State and local funding from a Charter Holder charter holder not in compliance with the terms of the charter being funded, including compliance with any conditions placed on such charter.

6.2 The Department may withhold State and local funding from a Charter Holder charter holder while one 1 or more of its charters is under formal review.

6.3 State and local funding of any charter on probationary status will be released in accordance with the terms of the probation.

6.4 Federal funding for a Charter Holder charter holder and under the control of the Department will be disbursed according to the laws, regulations and policies of the federal program providing the funding and the terms of any applicable federal grant approval including state requirements.

After July 1st of each year, pursuant to 14 Del.C. §513(a) each Charter Holder charter holder shall contract to have an audit of the business and financial transactions, records, and accounts of the school, in a form and manner satisfactory to the Department, and shall provide the audit results to the Department by October 1 1st. Each Charter School charter school shall display the audit on its public website.

8.1 Enrollment Preferences

8.1.1 An Applicant applicant to establish a new Charter School charter school shall indicate in its application whether children of the Charter School’s charter school’s founders will be given an enrollment preference. If a founders’ preference will be given, the application shall include the standard adopted by the Founding Board of Directors to determine the founders. The standard used to determine the founders shall be consistent with the requirements of Section 506(b)(4) of the Charter School Law. If the application is approved, the Charter Holder charter holder shall provide the Department with the identity of its founders no later than March 1 1st immediately preceding the First Instructional Day first instructional day.

8.2 Solicitations

8.2.1 Any person or entity soliciting contributions, gifts or other funding on behalf of or for the benefit of an existing or potential Charter School charter school shall notify the person or entity solicited that enrollment of an individual student in the Charter School charter school is not contingent on, or assured by, any such contribution, gift or other funding.

8.2.2 Written notices of fund-raising activities for the benefit of a Charter School charter school must contain the following statement: “The [name of school] is a public school. Contributions and gifts are not required for admission to the school and will in no way affect or improve a student’s opportunity for admission.”

8.3 Debts. Any person or entity offering a loan to a Charter School to, or entering into contract or legal settlement with a charter school must be advised by the school that debts of the school are not debts of the State of Delaware and that neither the State nor any other agency or instrumentality of the State is liable for the repayment of any indebtedness.

8.3.1 The State of Delaware may be responsible for the outstanding obligations of a defunct charter school pursuant to the Individuals with Disabilities in Education Act only.

8.3.2 A charter school must disclose in its annual report to the Department any debts, loans, liabilities, or legal settlements in excess of $10,000.

9.1 A charter holder may apply to the Department for a modification of the charter following the granting of the charter.

9.2 The application shall be submitted on a form approved by the Department and posted on the Department website. The applicant shall specify the exact modification requested and describe the need for the modification.

9.3 The applicable standards for deciding a modification application shall be as provided in Section 4.0 of these regulations this regulation for the original grant of the charter.

9.4 The following are considered applications for a new charter and shall not be processed or considered as a modification application:

9.4.1 An application to collectively change the mission, goals for student performance and educational program of the charter school; or

9.4.2 An application, at any time before the First Instructional Day first instructional day, to offer educational services at a site other than the site approved as part of the school’s charter, when the charter has previously been amended to change the school’s site; or

9.4.3 An application to replace, remove or permit the school to operate without an educational management organization providing administrative, managerial or instructional staff or services to the charter holder at any time before the First Instructional Day first instructional day.

9.5 An application for a major or minor charter modification may not be filed while a school’s charter is on formal review, except where the Secretary determines that the requested modification is unrelated to the reason the school’s charter has been placed on formal review or where the modification addresses the reason the school was placed on formal review provided the modification is filed before the preliminary report is approved by the Accountability Committee.

9.6 A charter shall not be modified to permit a charter school’s first instructional day to occur later than the third September 15th after the date the charter is originally granted. In the event that the first instructional day does not occur by that date, the charter shall be deemed forfeited and the authority to open and operate a charter school expired. Further, no charter shall be modified to permit a charter school to obtain a certificate of occupancy, either temporary or final, for all or any part of the premises to be occupied by the school, later than June 15 15th immediately preceding the authorized opening date of the school.

9.7 An increase or decrease of up to 5% in a charter school’s current authorized enrollment shall not be considered a modification of the school’s charter.

9.8 Major modifications.

9.8.1 A major modification is any proposed change to a charter, including proposed changes to any condition placed on the charter, which would:

9.8.1.1 Replace, remove or permit the school to operate without an educational management organization providing administrative, managerial or instructional staff or services to the charter school at any time on or after the First Instructional Day first instructional day; or

9.8.1.2 Alter enrollment preferences; or

9.8.1.3 Result in an increase or decrease in the school’s total authorized enrollment of more than 15%, provided further the major modification request must be filed between November 1st and December 31st and, if approved, shall be effective the following school year; or

9.8.1.4 Alter grade configurations; or

9.8.1.5 At any time after the First Instructional Day first instructional day, offer educational services at a site other than the site approved as part of the school’s charter, except where such change is the unavoidable result of a loss by fire or other “casualty” as that term is defined in Black’s Law Dictionary; or

9.8.1.6 At any time before the First Instructional Day, offer educational services at a site other than the site approved as part of the school’s charter, provided that the charter has not previously been amended to change the school’s site; or

9.8.1.7 Alter any of the following: the school’s mission, goals for student performance, or educational program; or

9.8.1.8 Alter the charter school’s performance agreement with the Department; or

9.8.1.9 Alter the charter school's charter to satisfy the provisions of the federal Elementary and Secondary Education Act of 1965 (ESEA) or any reauthorization thereof.

9.8.1.10 Transfer of the charter, and of oversight of that charter school, from another authorizer to the Department, before the expiration of the charter term, shall be made by filing a written petition with the Department, on a form approved by the Department, by the public charter school or its original authorizer. The Department will approve a transfer only where the Charter School charter school is fully in compliance with the current terms of its charter and any applicable rules, regulations and statutes. The Department may impose conditions upon the transfer in order to ensure continuing compliance with the approval criteria and the regulations of the Department.

9.9 Minor modifications

9.9.1 A minor modification is any proposed change to a charter, including proposed changes to any condition placed on the charter, which is not a major modification. Minor modifications include, but are not limited to:

9.9.1.1 Changes to the name of either the charter school or charter holder; or

9.9.1.2 The first extension of any deadline imposed on the charter school or charter holder by thirty (30) 30 working days or less (or by 15 calendar days in the case of the First Instructional Day first instructional day); or

9.9.1.3 In the case of a charter school which is open with students in attendance, offering educational services at a site other than, or in addition to, the site approved as part of the school’s charter, when use of the approved site has unavoidably been lost by reason of fire or other casualty as that term is defined in Black’s Law Dictionary; or

9.9.1.4 An increase or decrease in the school’s total authorized enrollment of more than 5%, but not more than 15%, provided further the minor modification request must be filed between November 1st and December 31st and, if approved, shall be effective the following school year; or

9.9.1.5 Alter, expand or enhance existing or planned school facilities or structures, including any plan to use temporary or modular structures, provided that the applicant demonstrates that the school will maintain the health and safety of the students and staff and remain economically viable as provided in subsection 4.4 above; or

9.9.1.6 Any change in the school’s agreement with an educational management organization other than as set forth in subsections 9.4.3 and 9.8.1.1 above; or

9.9.1.7 A change to the current authorized number of hours, either daily or annually, devoted to actual school sessions. Regardless of any proposed change, the school shall maintain the minimum instructional hours required by Title 14 of the Delaware Code; or

9.9.1.8 A change in the terms of the current site facilities arrangements including, but not limited to, a lease to a purchase or a purchase to a lease arrangement; or

9.9.2 The Secretary may decide the minor modification application based on the supporting documents supplied with the application unless the Secretary finds that additional information is needed from the applicant.

9.9.3 The Secretary may refer a minor modification request to the Accountability Committee for review if the Secretary determines, in her/his the Secretary’s sole discretion, that such review would be helpful in her/his the Secretary’s consideration of the application. If the Secretary refers a minor modification application to the Accountability Committee, she/he the Secretary’s may decide the application based on any report from the Committee and the supporting documents related to the application. The applicant for a minor modification shall be notified if the minor modification request has been forwarded to the Accountability Committee. The applicant may be asked to provide additional supporting documentation.

9.9.4 The Secretary may deny a minor modification request if the supporting documentation is incomplete or insufficient provided the applicant has been advised additional information was needed

9.9.5 Upon receiving an application for a minor modification, the Secretary shall notify the State Board of the application and her/his the Secretary’s decision on whether to refer the application to the Accountability Committee.

9.9.6 The meeting and hearing process provided for in Section 511(h), (i) and (j) of the Charter School Law shall not apply to a minor modification application even where the Secretary refers the application to the Accountability Committee.

9.9.7 Decisions for minor modifications to a charter may be decided by the Secretary within 30 working days from the date the application was filed, unless the timeline is waived by mutual agreement of the Secretary and the applicant, or in any case where the Secretary, in the sole discretion of the Secretary, deems that it would be beneficial to either refer the matter to the Accountability Committee or to seek advice from the State Board prior to deciding the matter.

10.1 Charters are granted for an initial period of 4 years of operation and are renewable every 5 years thereafter.

10.2 Renewals are only available to the current Charter Holder charter holder and may not be used to transfer a charter to a different legal entity.

10.3 Charters shall be renewed only if the school receives a satisfactory performance review. Performance reviews shall be conducted by the Department using the Performance Framework approved by the Department with the assent of the State Board.

10.4 The Department shall conduct annual performance reviews based on the Performance Framework. The Department shall provide the results of the Performance Review to the school.

Any public hearing conducted by the Department pursuant to the provisions of the Charter School Law shall be conducted as a joint public hearing with the State Board of Education.

In addition to the criminal background check and Child Protection Registry check required by law to be provided during the application process, whenever a new member shall be elected to the board of directors of a charter school, the school shall promptly provide the name and mailing address of such new member to the Department of Education, Charter School Office; the newly elected member of the board shall, within 45 days of election to the board, provide the Department of Education with any authorization necessary to conduct the Child Protection Registry check and with a copy of that member’s criminal background check.

The Department will publish on their website an outline of responsibilities and actions that shall be taken by both the authorizer and the charter holder after a decision is rendered to revoke or non-renew a charter.

14.1 Eligible applicants may apply to the Department for grants from the Charter School Performance Fund established pursuant to 14 Del.C. §509(m).

14.2 Eligibility

14.2.1 In order to be eligible to apply for funds, an applicant shall be:

14.2.1.1 A Delaware charter school that meets or exceeds the expectations established in its Performance Agreement as measured by Performance Framework; or a school receives a satisfactory performance review or;

14.2.1.2 A Delaware corporation seeking to establish a charter school in Delaware, including but not limited to an out of state charter school or other partnering organization with a proven track record of academic, operational and financial success.

14.3 Criteria to Evaluate Applications for Funding

14.3.1 In addition to the eligibility considerations set forth in Section subsection 14.2 of these regulations, the Department shall further establish criteria for evaluating applications for funding and shall prioritize applications from applicants that have:

14.3.1.1 Developed high-quality plans for start-up or expansion; or

14.3.1.2 Serve high-need students, as defined in subsection 2.1 of this regulation.

14.3.2 In evaluating applications, the Department shall also consider the availability of supplemental funding to the applicant from non-state sources.

14.4 Applications for Funding

14.4.1 The Department will establish and utilize a process for annually soliciting and reviewing applications for funding that is consistent with these regulations and pursuant to pursuant to 14 Del.C. §509(m). The application and evaluating criteria rubric shall be published on the Department's public website.

14.5 Awards

14.5.1 The Department has the authority to determine the number of grantees, the size of awards and to determine which applications, if any, shall be approved. The Department's determinations are final.

14.5.2 No award shall be provided to an applicant that is not a current Charter Holder charter holder.

14.6 Submission of Applications and Award Notifications

14.6.1 Funding applications shall be submitted to the Department in a format acceptable under the Department's published application process, no later than the deadlines published by the Department annually. The Department shall inform all applicants as to whether or not their application has been approved in accordance with those deadlines and post the approved applicants applicants’ applications as required.